Export Company Vrs Nivia Green Company Ltd. & Anor. [2022] GHACC 113 (16 November 2022)

Export Company Vrs Nivia Green Company Ltd. & Anor. [2022] GHACC 113 (16 November 2022)

Since the respondent has pleaded and particularised fraud against the 2nd defendant personally and seeks reliefs against him, it would be premature to disjoin him before trial. His presence is necessary for final determination of the issues, especially regarding possible lifting of the corporate veil.

Citation
[2022] GHACC 113
Parties
Plaintiff/respondent: The Export Company; 1st Defendant: Niviagreen Company Ltd.; 2nd Defendant/applicant: Nicholas Osei Afari
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
16 November 2022
Procedural Posture
Civil / Ruling on Motion to Disjoin 2nd Defendant
Outcome
application dismissed
Legal Topics
Joinder and Misjoinder of Parties, Lifting the Corporate Veil, Fraudulent Misrepresentation
Source Language
English
Civil Procedure Company Law Joinder and Misjoinder of Parties Lifting the Corporate Veil Fraudulent Misrepresentation

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Parties

The Export Company

Plaintiff/respondent

Niviagreen Company Ltd.

1st Defendant

Nicholas Osei Afari

2nd Defendant/applicant

Procedural Posture

Civil / Ruling on Motion to Disjoin 2nd Defendant

Legal Issues

  1. 1 Whether the 2nd defendant/applicant has been improperly or unnecessarily made a party to the suit

Ratio Decidendi

Since the respondent has pleaded and particularised fraud against the 2nd defendant personally and seeks reliefs against him, it would be premature to disjoin him before trial. His presence is necessary for final determination of the issues, especially regarding possible lifting of the corporate veil.

Court Disposition

application dismissed

Orders

  • The application to disjoin the 2nd defendant/applicant is dismissed.
  • Costs of GH₵1,000 awarded against the applicant in favour of the respondent.